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(영문) 서울중앙지방법원 2016.11.04 2016나38275

구상금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 24, 2015, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on September 11:40, 2015, while the Defendant’s vehicle, who was trying to make a right-hand by crossing the safety zone on the right-hand side of the road, is the front wheeler of the Plaintiff’s vehicle.

hereinafter referred to as "the accident of this case"

(C) On December 30, 2015, the Plaintiff paid the insurance proceeds of KRW 2,621,000 at the repair cost of the Plaintiff’s vehicle on December 30, 2015 due to the instant accident. [Grounds for recognition] of the absence of dispute, the purport of the Plaintiff’s evidence Nos. 1 through 8 (each of the entries, images, and pleadings included in the

2. In light of the above facts, the accident in this case occurred at the right-only road while the plaintiff and the defendant's vehicle were at the same time in the right-only road. In full view of the developments leading up to the accident in this case, the collision level and degree of the original defendant's vehicle, and the current status of the road where the accident in this case occurred, the accident in this case is deemed to have occurred due to the negligence of the defendant's driver who tried to make a right-hand at the point where the safety zone was terminated while driving the safety zone by crossing the safety zone on the right-only road. However, as the driver of the plaintiff vehicle, the driver of the vehicle in this case can recognize that the vehicle operated at the right-way of the plaintiff vehicle is going to the right-only road in order to make it possible to recognize that the vehicle driving at the right-hand side of the vehicle in this case has to enter the right-way road, and as such, it is negligent in entering the defendant vehicle in this case without neglecting it.